Appendix VII
Contents
ENFORCEMENT
Functions of Local Authorities
The Regulations should provide that each local authority shall be responsible for the enforcement of the Regulations within their functional areas and must take such steps as are necessary for this purpose. In particular, the Regulations should stipulate that local authorities are responsible for the enforcement of Part V of the Regulations. They should also require that each local authority shall appoint authorised persons to take such steps as are necessary for this purpose.
In other to ensure local authorities are enable to effectively discharge their functions under the Regulations, they should also be conferred with the power to require the submission of information from Retailers.
In order to ensure effective oversight by the EPA the Regulations should oblige local authorities to furnish such information within a specified period, in such form and at such frequency as may be specified by the EPA, in relation to activities carried out in the functional area of the authority, by retailers whom, have registered with the Scheme for the purposes of complying with these Regulations.
Functions of EPA
VOICE envisages the EPA having a key oversight role in the implementation of the Regulations, and in particular the supervision of the Approved Body. For this reason, the Regulations must require that the EPA shall be responsible for the enforcement of Part II to VI of the Regulations and shall appoint authorised persons to take such steps as are necessary for this purpose.
Authorised Persons
As with other EPR Regulations, VOICE believes that it is appropriate that the Regulations make provisions for the appointment of ‘authorised persons’ for the purposes of the effective administration and enforcement of the Regulations. Anysuch authorised persons should be conferred with appropriate powers including powers:-
- To all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and
- At any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, for such period as he or she may consider necessary.
- If appropriate make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,
- Make such copies of documents and records (including records in electronic form) found therein and take such samples,
- Require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,
- Require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information, (e) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents, as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under the Regulations.
The Regulations should ensure that where an authorised person in the exercise of his or her powers under the Regulations is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under the Regulations may be present in any premises and that the evidence may be removed or destroyed, he or she was may apply to a judge of the District Court, in whose District the premises is located, for a warrant under authorising the entry by the authorised person into the premises.
The Regulations must confer an authorised person who in the exercise of any power conferred on him or her by the Regulations anticipates obstruction in the exercise those powers, with the ability to request a member of the Garda Síochána to assist in the exercise of such a power.